Business Dispute Resolution

Conflict takes the Joy out of Business. Speedy Resolution is Possible through Mediation or Arbitration.

It may be challenging to know how to negotiate resolution to a business dispute without compromising a valued relationship; other times no relationship exists and resolution of the dispute is the only priority. In either situation, speedy resolution is possible through mediation or arbitration. Mediation and arbitration provisions are very common in business and commercial contracts.

Mediation is a confidential negotiation processes that allow participants to address business disputes in a less formal way. Mediation can be chosen before or after a dispute arises. A contract may call for mediation in one of its provisions, or parties may elect to participate in mediation after a dispute arises. Mediation participants retain a greater degree of control than parties to a law suit, because the participants themselves choose the outcome through a guided negotiation and resolution-writing process. When agreement is reached in mediation, a Memorandum of Understanding, also referred to as MOU, is drafted and signed by the participants that may later be filed in court for enforceability.

Mediation resolves conflicts while preserving relationships. Mediation is widely accepted in Colorado as a preferred way to address disputes and to avoid litigation. Mediation yields agreement in the majority of cases and is often a mandatory step prior to filing a dispute through arbitration or litigation.

Arbitration is generally elected through a dispute resolution contractual provision that is written into a contract before a dispute arises. When an arbitration provision exists, the courts tend to honor these provisions and directs the parties back to arbitration when a party files their dispute with the court.

Often the costs of arbitration can be greater than the original claim amount, making resolution cost-prohibitive. It is for this reason that Colorado Mediators & Arbitrators has designed a three-tiered hearing process that takes into consideration the amount of the claim. Read more: Rule A-5. Size and Classification of Claim

Business Testamonials

"Used you in 2007 and was very pleased with the outcome. Business dispute." Gail Bryan (Business Arbitration)

“Judy Larkins has built a very deserving reputation for ADR excellence. She is skilled as a mediator/arbitrator and also as program manager. She has both vision and drive to increase the use of ADR and to arrive at creative solutions that satisfy parties.” Deborah Schick Laufer, Director, Federal ADR Network (FAN)

"I have known Judy Larkins for the past 10 years, and during that time participated in many mediations at Colorado Mediators & Arbitrators and referred many friends and attorneys to Judy. From the business side of the process, Judy is a pleasure to work with. The fees are fair and there are no surprises. She also organizes the mediation process to be cost efficient. From the procedural process, Judy does an excellent job of helping the parties work through their disputes and reach agreements."Von Limbaugh, Attorney

"I used Judy Larkins for an estate-related dispute. Judy was extremely professional and the process was helpful. Her legal consultant was extraordinary and added much to the process. Utilizing an experienced mediator in difficult situations is an opportunity to attempt to work through challenging situations with a goal of reaching a solution that is reasonable for all parties involved. The mediator assists to deal with the sometimes raw emotions and to provide reality-checks when necessary. Judy came highly-recommended to me and I can highly recommend her organization." Janice L. (Estate Mediation)

"I am an independent arbitrator/mediator on the panel at Colorado Mediators and Arbitrators. Judy asked me to join the panel and I have enjoyed working with her -- both on specific cases and in relation to her efforts to continually improve CoMA's rules and services. She is easy to work with and is very competent and professional. CoMA is her business and she works hard to make it successful by recruiting good arbitrators and mediators to serve on her panels and by providing excellent service to her clients." John Sass, Arbitrator/Mediator

"Judy is a warm-hearted professional, who believes in helping others through challenging circumstances. If I ever hear the words "conflict" or "need help resolving an issue", or more specifically, "separation/divorce", I refer Judy every chance I can. I referred one of my close friends to her and my friend was very pleased. I would highly recommend Judy to anyone who wants to avoid costly and emotionally exhausting legal experiences." Megan Canter, Director of Telemedicine at HCA Continental Divison